HUNT, CLARK OF R., ROOT, HOADLY, ETC. 17. That so much as relates to the Schedule, to the Standing Committee on the Schedule-except that part of the Schedule which relates to the traffic in intoxicating liquors, which is referred to the Standing Committee on Traffic in Intoxicating Liquors. 18. That so much thereof as relates to the subject of Ag riculture, to the Special Committee on Agriculture. Resolved, further, That the several standing committees be and they are hereby instructed to consider the same and report, from time to time, such amendments, if any, as in their judgment shall be deemed necessary. Mr. HUNT moved that the Committee report the resolution back to the Convention with the recommendation that it be adopted. Mr. CLARK, of Ross. I move to amend that motion by striking out the word "adopted," and inserting "indefinitely postponed." The matter was referred to the proper Committee weeks ago. Mr. ROOT. If any gentleman will state what is to be gained by the adoption of this resolution, so that I can understand it-perhaps that will be asking a great deal [laughter]—or if he can give any reason for adopting the resolution, I will agree to withdraw all opposition to it. But what in the name of common sense will we gain by it? We have now about one hundred and fifty propositions to amend the Constitution-be the same more or less, I don't know and I don't care just how many. Everybody then having his pick at the Constitution, has pecked at it, and selected out all the defective parts discovered so far. I think if we adjourn over a few more Sundays, we will reach two hundred propositions. This is to call attention of the Committee, especially, to such parts of the Constitution as may be defective. Well, now, why refer in such general terms all that relates to the subject of the Executive Department? What does it mean? What does it indicate? What does the Committee understand from it? I cannot see what is to be gained by it. We have had one or more such resolutions already. If that amounts to anything, that is all the instructions we want. Go to them. Yet we are specifying particular defects, particular faults, and referring parts to different committees for them to examine and report what defects there are, if any. I don't suppose any committee will gain the slightest information from such a reference. I don't suppose that they feel authorized to go one step on account of it. I quite concur with the amendment proposed by the gentleman from Ross. Mr. HUMPHREVILLE. I want to vote understandingly upon this matter. The proposition now before the committee was not read. I would like to hear the whole of it read-the original resolution as amended. The resolution, as it has been amended, was then read at the Secretary's desk. Mr. HUNT. The object of this resolution is to classify, as I indicated the other day, as nearly as possible, the work assigned to the respective committees. When the standing committees were provided for by the Committee on Rules and Regulations, I introduced this resolution, referring the different parts of the Constitution to the different committees, but the committees not then having been appointed by the President, a motion was made to lay it upon the table until they should be appointed. Now my object in introducing the resolution, was to [TUESDAY, refer to each committee that portion of the Constitution as indicated by the appointment of the committee. the committee. It seems to me it would save numberless motions to refer afterward, and if I can comprehend this in one omnibus bill, as it were, it will save the time of the Convention. The gentleman from Summit [Mr. VORIS] offered a resolution almost of the same import, but it seemed his resolution was hardly definite enough, in order to have these different propositions referred to the appropriate committees to compare them, and make such report, from time to time, as the committees may deem necessary. This, it seems to me, will show the work each committee has to do, and save much time and confusion. Mr. POND proposed the following amendment to the resolution: After "Judiciary," insert "Judicial Apportionment." Mr. POND. That simply provides that all matters connected with the Judicial Department and Judicial Apportionment be referred to that committee. Mr. HOADLY. I should like to hear the resolution read, which was offered by the gentleman from Summit, and adopted by the Convention. I am of the opinion that the amendment is unnecessary, as the one already adopted covers the ground of this amendment. Mr. VORIS' resolution was then read as it had been adopted. It is as follows: Resolved, That the standing committees be required to investigate and report upon the several subjects indicated by the titles of said committees, and that the several parts of the Constitution, which relate to those subjects, respectively, be referred to such committees. Mr. HOADLY. I would suggest that unless the Convention has already adopted a resolution on this subject, that this resolution, as amended by the gentleman from Morgan, ought to be adopted, or some other one that will place it in the hands of the proper committee and call on them to report what amendments, if any, are necessary to the Constitution. We have the two reports of standing committees, and furnished on two different theories of action. The Committee on Benevolent Institutions or Public Institutions has reported a substitute for article 7 of the Constitution. They have conceived it to be their duty not to report back propositions committed to them, to furnish the Convention with a programme for the entire new article. The Committee on Miscellaneous Subjects, on the contrary, instead of reporting that no amendments are necessary, or instead of reporting an article on miscellaneous subjects, identical in language or varied from the present language of the Constitution, have simply reported back resolutions or propositions introduced by my colleague from Hamilton [Mr. FREIBERG,] and recommend its indefinite postponement; which has gone to the Committee of the Whole and is the special order for Thursday. Now I have no special choice as to the method of doing business; but I submit that we ought to agree on some method, and that as good a method as any is that suggested by the resolution, unless, as I said before, the Convention has already taken action. I submit to my colleague from Hamilton why Mr. Vo JUNE 3, 1873.] NEAL, HUNT, HITCHCOCK, ROOT, ETC. RIS' resolution, already adopted, don't cover tion resolution No. 37, and they recommend the whole field effectually, without any other definition that may possibly be necessary. Mr. NEAL. I do not see that it is necessary that this Convention shall determine as to any particular mode by which reports of standing committees shall be made as indicated by the gentleman from Hamilton [Judge HOADLY.] On the contrary, we think it proper to report in the two ways suggested, from time to time, as committees may find work before them upon which they may report. One committee may find an article in the Constitution that needs amending, and may report. The other may find some section that needs amending, and a proposition may be submitted by the gentleman from Hamilton, or Medina, or some other portion of the State, and they will report on that proposition favorably or unfavorably as they may deem proper. That is the only possible way they can do with those propositions made for amending any article of the Constitution. The committee will examine all sections, I apprehend, which are specifically recommended to them by this resolution of Mr. VORIS. If they find no amendment necessary, and propositions are referred to them, they will still report back those propositions, I apprehend, with the recommendation that the same be indefinitely postponed. Mr. POND. I ask for the reading of Resolution No. 42, offered by Mr. DORSEY, as bearing upon this same matter. The resolution was read: Resolved, That all resolutions and petitions relating to amendments to the Constitution, be referred to their appropriate committees without debate. that the resolution be referred to the Committee on Rules and Order of Business. The resolution was so referred. Mr. HITCHCOCK. The committee have also had under consideration resolution No. 38, and report the same back with the recommendation that it be indefinitely postponed. A division being demanded, was had, resulting in forty-five votes in the affirmative, and sixteen in the negative. So said resolution was indefinitely postponed. Mr. CLARK, of Jefferson. I would suggest that the Calendar be taken up. I move that we take from the table resolution No. 8, which is as follows: Resolved, That a committee of twenty members be appointed by the President, whose duty it shall be to consid er and promptly report the best practicable mode of proceeding to revise, alter or amend the Constitution, and if this subject matter be within the meaning of the resolution of Mr. Hitchcock on rules and regulations, that the same be withdrawn from said committee. Said resolution was taken from the table. A MEMBER. I move that the resolution be indefinitely postponed. Mr. O'CONNOR. The gentleman from Summit, Mr. VORIS, is not here, and I do not think it is treating the gentleman with proper courtesy to order the indefinite postponement of this resolution in his absence. I suggest, if proper, that the gentleman withdraw his motion until the member is in his seat. The motion was withdrawn. Mr. CLARK, of Ross. I move that the resolution be laid upon the table. The motion prevailed. Mr. BLOSE moved that resolution No. 12 be taken from the table. The Secretary was directed to read the resowhich is as follows: Resolved, That it is the sense of this Convention that the present Constitution shall not be changed in matters of mere phraseology or arrangement. Resolved, That the President appoint a committee of seven on each of the several articles of the present Constitution, including the Schedule, each of which committees shall consider and report, from time to time, such amendments as may be deemed expedient in the articles considered by them; but the Committee on Judiciary and Article on Apportionment shall be constituted of twenty members, one from each congressional district. Mr. HUNT.--I can only say in reply to the gentleman from Lawrence, [Mr. NEAL] that this does not make it imperative upon the commit-lution, tee to report, but simply leaves it in this respect, to the committees, to report from time to time, as they may deem necessary. Now it is apparent that some action should be taken by the Convention in the line I have indicated in the resolution. It seems some difficulty has already arisen as suggested by Colonel Pond, in reference to what is the jurisdiction of this committee, and whether the Committee on Apportionment and Representation should have charge of apportionment for the General Assembly and for purposes of judicial apportionment, and it is for that very purpose and to save confusion, and define clearly the rights of the committees, that I introduced this resolution on this subject. It seems to me it is time now that the Convention should determine which of these two committees shall have charge of this subject, so as to save confusion in the matter. Mr. ROOT. Mr. President, I think, Sir, that there is only one part of that resolution that has any relevancy to our future proceedings, and indeed it must have been superceded, for the reason that the first proposition should be referred to the Committee on Revision, when appointed. If that committee has been appointed, I am not aware of it. I move that the resolution be laid on the table, with the intention of having it referred to that committee when it is The question being upon the motion to re-appointed. commend the indefinite postponement of the resolution, A division was demanded and had, resulting in 38 votes in the affirmative, and 30 in the negative. So the motion was agreed to. Mr. HITCHCOCK. If the Convention will allow me, before that motion is put, I would say, there is a misunderstanding in regard to resolution No. 12, offered by the gentleman from Fairfield. The resolution was originally referred to the Committee on Rules and Order Mr. NEAL moved that the committee rise of Business, and the committee in making their and report to the Convention. Which was agreed to. report on rules, referred to this resolution as finally disposed of; that is, so much of it as reMr. HITCHCOCK. Mr. Chairman, the Com-lated to the rules, and the balance was reserved mittee of the Whole have had under considera- for further consideration. ROOT, HITCHCOCK, MUELLER, BISHOP, ETC. The PRESIDENT. According to my recollection, a substitute for the resolution offered by the gentleman from Fairfield, was proposed by the gentleman from Wood, [Mr. Cook,] and both, I understand, went to the Committee on Rules and Order of Business. The order of the Convention has been, that the original resolution, with the pending amendment, was referred to the Committee on Rules and Order of Business, appointed on the 15th of May. Mr. ROOT. I wish to make one inquiry through the Chair. I may be wrong in the matter. My recollection is that the resolutions were referred to the committee, and that the committee reported on all except the first proposition, and that they withheld action until the Committee on Revision had been appointed. That is my understanding of it. The PRESIDENT. The Chair will state to the gentleman from Erie, that the resolution and pending substitute were referred to the Committee on Rules and Order of Business, and that the motion of the gentleman from Clarke is, therefore, not in order. Mr. HITCHCOCK. I wish to say that it was no intention of the committee to withhold this resolution from the Convention, except as suggested already. The resolution was called up in its order, and was acted upon, and withheld for reasons stated. It was my purpose to call the attention of the committee to it at its next meeting. Mr. MUELLER. I move to take from the table resolution No. 42. Which was agreed to. Mr. CLARK, of Jefferson, moved to take from the table resolution No. 50. Which was agreed to. The resolution was read at the Secretary's desk, as follows: Constitutions-one for the use of each of the Standing Resolved, That eighteen copies of Hough's American Committees of the Convention-be purchased forthwith. The pending substitute therefor was also read, as follows: Resolved, That twenty copies of Hough's American that at the close of its sessions, the books shall be deposConstitutions be purchased for the use of this body, and ited in the State Library. Mr. BISHOP moved that the resolution and pending substitute be indefinitely postponed. Which was agreed to. So said resolution and substitute were indefinitely postponed. Mr. BABER moved to take from the table Resolution No. 8, by Mr. VORIS, in order to have it referred to the Committee on Rules and Order of Business. Which was agreed to. The resolution was read by the Secretary, as each Congressional District-be appointed, to consider and follows: Resolved, That the certificates of election of the members of this Convention be referred to the Committee on Privileges and Elections. Resolved, That a special committee of twenty-one from report what revision, alteration, or amendment, if any, should be made of Section 6, Article VIII, of the Constitution: whether or not said section should be retained or re-adopted in the present Constitution. On motion of Mr. CLARK, of Ross, said resoMr. MUELLER moved that the resolution be lution was referred to the Committee on Public indefinitely postponed. Debt and Public Works. Which was agreed to. So said resolution was indefinitely post poned. On motion of Mr. CLARK, of Jefferson, the Convention adjourned. BURNS, HOADLY, CAMPBELL. FIFTEENTH DAY. ELEVEN O'CLOCK A, M. The Convention re-assembled at 11 o'clock a. m. Prayer by Rev. T. P. Stevenson. The roll was called, and ninety-eight members answered to their names. Messrs. FORAN, GARDNER, KREAMER, REILLY, THOMPSON, TUTTLE, and YOUNG of Noble, were absent. Leave of absence was asked and obtained for Mr. FORAN. WEDNESDAY, JUNE 4, 1873. The CHAIR. The order of business will be the consideration of the REPORT OF THE COMMITTEE ON PUBLIC INSTITU” which is as follows: Proposition No. 130--Substitute for Article VII of the Constitution of the State of Ohio. SECTION 1. Institutions for the benefit of the insane, blind, 'deaf and dumb, shall be supported Messrs. DE STEIGUER, CALDWELL, MCCOR- by the state. The punitive and reformatory inMICK, HILL, VORIS, WILSON and Cook, were ex-stitutions shall be a reform school for boys, a cused for absence occasioned by the detention of railroad trains. Mr. HORTON was excused on account of being detained at home on Monday, not being able to reach here at the hour of meeting by starting from home on Tuesday. Mr. FREIBERG. I desire to be excused for not being here yesterday. My train only got in at 3 o'clock, this morning. [Laughter.] Mr. BURNS. Perhaps it may seem a little late now, but I would inquire if all this blame should be thrown upon the railroads. By not starting on yesterday, the gentlemen could not get here in time. I remember that about six thousand years ago a gentleman excused himself for what he did and threw the blame all on a woman. house of discipline, and a penitentiary; all public institutions shall be subject to such regulations as may be prescribed by the General Assembly. SEC. 2. There shall be three commissioners of benevolent, and punitive, and reformatory institutions, who shall be elected by the people at the first general election after the adoption of this Constitution, one for the term of one year, one for the term of two years, and one for the term of three years. One member shall be elected annually thereafter, to hold his office for three years. Said commissioners shall supervise said institutions, and shall nominate officers to manage the same, and perform such other duties as may be prescribed by law. SEC. 3. The directors and superintendents of Mr. HOADLY. I would like to know if the said institutions shall be appointed by said comgentleman refers to himself as being six thou-missioners, by and with the advice and consent sand years of age? [Laughter.] Mr. BURNS. I do not; but I trace my ancestry back that far. [Laughter.] Mr. HOADLY. I understood the gentleman's remarks to convey the idea that he was six thousand years old. He said he remembered that matter occurring six thousand years ago. [Renewed laughter.j Mr. BURNS. The gentleman's hearing is defective, and as a consequence, perhaps, his understanding is defective. Mr. HOADLY. I suggest that my hearing is not as defective as the gentleman's speech. Mr. BURNS. The defect he complains of in my speech, was greatly owing to the defect in his hearing. [Renewed laughter.] The Journal of yesterday was read, corrected, and approved. Mr. YOUNG, of Champaign, who appeared a few minutes after roll-call yesterday, was excused. COMMITTEE OF THE WHOLE. Mr. CAMPBELL. Pursuant to the notice given yesterday, I move the suspension of the rules, that the Convention may resolve itself into Committee of the Whole, for the purpose of considering the special order. The motion was agreed to, and Mr. COOK was called to the Chair. of the senate; and upon all nominations made by them, the question shall be by yeas and nays, and entered upon the journal of the Senate. SEC. 4. The commissioners shall have power to fill all vacancies that may occur in the offices of said institutions, until the next session of the General Assembly, and until a successor shall be confirmed by the Senate. Mr. CAMPBELL. This perhaps is as proper a time as any to submit three amendments from the Committee on Public Institutions, for the purpose of perfecting the proposition, and meeting some objections that have been made. I will, therefore, ask the consent of the Committee of the Whole, to have the amendments which are reported from the standing committee incorporated at the outset, so that we may approach the discussion, if we have one, on the subject, more understandingly. The Secretary then read the following proposed amendments, from the Committee on Public Institutions: In line 3 section 1, strike out the word "and,” and insert after the word "penitentiary," the following, “and such others as the General Assembly may declare necessary.' Also, in the first line of section 3, strike out the words, "and Superintendents.' Also, in line 2, section 4, insert after the word "the" where it first occurs, the word "said." CAMPBELL. The amendments were agreed to. Mr. CUNNINGHAM moved to amend the first section by inserting after the word "insane "in the first line, the word "imbecile." Also, by inserting after the word "dumb," where it occurs in the first line, "and such other Benevolent Institutions as the General Assembly may create.' Also, by inserting after the word "Boys" where it occurs in the third line, "a Reform school for Girls." Mr. CAMPBELL. I should like to hear from the gentleman from Allen [Mr. CUNNINGHAM] his reasons for proposing these amendments. Mr. WEST. I would like very much to hear the gentleman from Butler, [Mr. CAMPBELL] and for the purpose of giving him an opportunity to discuss the whole matter, I move that the committee recommend the striking out of the entire proposition after the caption thereof. Mr. CAMPBELL said: There is, Mr. Chairman, a fitness, I think, in having the proposition now before the committee made the first subject of consideration by this committee and the Convention. It relates to that class of our unfortunate fellow beings who are the special objects of public charity. It proposes to adopt such measures as will, in the future, provide at the public expense for the comfort and well being of those whom Divine Providence has afflicted, some by the loss of sight, others the sense of hearing and the power of speech, and others who are either in the state of nature insane, or have been so rendered by artificial circumstances. I regard the State and the people of the State, the tax payers, as the guardians and protectors of this class of our people; and it is in that spirit, as one member of this Convention, that I meet the subject today, regretting very much, that if I were in perfect health, I should feel my incompetency to grapple with and treat this great subject as it deserves; but being in a feeble condition, I hope the committee will excuse me for any short coming in the presentation of the subject for consideration. Now, the motion from the gentleman from Logan is to strike out the entire proposition. I will freely say that if the proposition is to be encumbered by the suggestions or motions that I hear will be proposed, with a view of multiplying the institutions of the State, unnecessarily, I should favor the motion to strike out, and leave the whole subject where the present Constitution leaves it. The Committee on Public Institutions have provided two important changes, and yet they have, in one respect, and in a very important one, preserved the precise language of the old Constitution. It will be observed by gentlemen who will compare the present proposition with the Constitution as it is, that these words are identical, "institutions for the benefit of the insane, blind, deaf and dumb, shall be supported by the State." The committee left out the words "and fostered," for the reason they believed they were superfluous. I know of no stronger language that can be embodied in a constitution, than to declare that institutions for the benefit of these classes of persons shall be supported by the State. But I would say to gentlemen who seem to think, as I learn from private conversation, that this institution for the benefit of [WEDNESDAY, been specially named, that they are certainly the idiotic has been slighted, because it has not within the class known as insane,-insane in a state of nature, and they are just as much provided for, according to my views of the construction of language, as if they were specifiically named. The two important features are these: First. The change in regard to the punitive the present Constitution, the only punitive and and reformatory institutions of the State. By reformatory institution named, is the penitenlook abroad all over this land, and in fact to the tiary; and I think it may be well said when we civilized nations of the earth, and see the disposition that pervades all classes of society to engage in the work of prison reform, that Ohio, in this respect, is far behind, and that it is time we should take some steps of progress in that direction. The committee have, therefore, specifically named, as the proposition now stands, the reform school for boys. That institution was inaugurated under the present Constitution and, without any express grant of power; but the Legislature seemed to have found a discretionary power which authorized them to inaugurate this system of reform for the juvenile offenders of the country; those who were just taking the first steps in the path of vice, and who might be reclaimed before they wandered too far from the path of rectitude; and the people of this State have sustained the exercise of that power, even if it should be considered as having been the exercise of a doubtful power. So salutary does experience show to have been the fruits of this institution for the reformation of juveniles, that your standing committee have thought it necessary no longer to leave it a question of mere discretion in the hands of your Legislature, but to make it specifically a requirement of the Constitution that it shall be considered as an established and enduring institution. Under the present Constitution, as I Your committee believe that it is necessary for said, you have only provided for a penitentiary. the purposes of reform, to have an intermediate prison, called the House of Discipline, by way of distinguishing it from the others. The necessity for this must be so apparent to every person that it would seem to require no reasons from me. years ago, to be a member of the Ohio LegislaI happened, Mr. Chairman, four ture for one session, for the first and last time in my life. I devoted then a good deal of thought and some labor to the subject. A bill was reported for the establishment of a House of Discipline, with all the necessary details and the machinery which the Legislature should provide, and it was passed almost unanimously by the Senate. It went from the Senate to the House of Representatives, and was there only defeated because some prominent members desired to have the location for the job of piling up the necessary brick and mortar and other matters, established in their particular county or city. By the terms of that bill-and I only refer to it for the purpose of showing, if this particular feature of the proposition be adopted what may be provided by the Legislature in regard to the classification of criminals or persons guilty of offending against the law-that |